ML20042E149
| ML20042E149 | |
| Person / Time | |
|---|---|
| Issue date: | 04/03/1990 |
| From: | Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Ricardo Torres SAN JUAN CEMENT CO., INC. |
| References | |
| NUDOCS 9004200262 | |
| Download: ML20042E149 (5) | |
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APR 031990 San Juan Cement Co., Inc.
ATTN: Mr. Radames Torres Safety and Environmental Engineer G.P.O. Box 2888 San Juan, Puerto Rico 00936 Gentlemen:
SUBJECT:
REPORT OF DISCOVERY OF UNVSED RADI0 ACTIVE SOURCES IN SAN JUAN CEMENT CO. FACILITIES This refers to your letter dated March 6,1990, regarding the existence in your facilities of two unused gauging systems containing cesium-137-sources.
We have contacted manufacturer's representatives for _ the two systems identified by you for the purpose of determining the-license authority under which they shipped the devices to you.
Our discussions with the manufac-turer's representatives revealed the following:
1.
The Kay-Ray, Inc, representative informed us that the Model 7062P gauging device was distributed to you under the provisions of-10CFR31.5(GeneralLicense).
2.
The Ohmart Corp. was not able to tell us for certain that the Model CP with the Model HM-8 source holder was distributed under the General License; however,-indications are that.this device was also distributed -
under a General License.
The General License referred to above is printed in Section 31.5 of 'NRC Regulations (copy enclosed).
This license should have been-provided to you when the gauges were shipped and installed.
Based on the information in your letter it appears that a number of regulatory requirements had not been followed.
It also appears = that no immediate health and safety problem exists in that you have had a consultant take prompt and adequate corrective actions after the problem was identified.
In accordance with our Enforcement Policy, defined in 10 CFR Part 2 Appendix C, Section V.G, we have decided to exercise discretion regarding the violations which you identified and' refrain from issuing' a Notice of Violation.
Since you no longer need these devices, we ask that you confirm that you will have them packaged by persons specifically licensed to perform these functions (for example the device manufacturer) and return them to the manufacturer or s me other person specifically licensed to receive them.
i Furthermore, we ask that you make certain that these devices are packaged in accordance with NRC and DOT-regulations prior-to shipping them.
9004200262 900403 REG 2 LIC30 PDC
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APR 031990-s e
San Juan Cement Company' 2
Please confirm in writing that the gauges were packaged by authorized personnel and that they. were shipped to the manufacturers or some other.
person specifically licensed to receive them,.in accordance with NRC and'D0T regulations.
The devices must remain in storage and secured against unauthorized use or removal until a licensed person is available to supervise the packaging and shipping.
This ' situation as you described it further demonstrates the need for San Juan Cement to establish central control within the company over the ordering and purchasing of licensed radioactive material.
In your response to our letter dated. March 28, 1990, the description of your corrective. and preventive actions should encompass this later situation as well.
.If you have questions about this letter please call Mr. H. Bermudez, of my staff, at (404) 331-7880.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Ti tle.10, Code of-Federal Regulations,- a copy of this lettet;- and its enclosure will be placed in the NRC Public Document Room.
The responses directed by this letter and its enclosure are not subject to-the clearance procedures of the Of' ice of Management and Budget as required by the Paperwork Reduction Act of 1980, Pub. L. No.96-511.
Sincerely, Drlginal Sigml By/
J. I). hIllboan
/
Stewart D. Ebneter Regional Administrator
Enclosure:
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RULES and REGULATIONS viits to. cwaptsa 1. cope or espamAt asoutAttows-swenev d
31.5(ci 31.1
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L PART
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t oo..STic uce=Sinon enRo0ucr war.Riat' 31 er in accordance with the specifica] the purpose of detectins, measurtna.
31.1 Purpose and ecope-tions contained in a speelfic 14eensea saugtne or controums thickness, den.
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s t.: rerma nne conoitions.
Issued to idm by the Commission.
2 sity, level, interface location. radi.
si.: certain devicw ans eeutenwnt.
vlees designed for use as static elimina
- suon, leakage, or cualit (a) static elimination devlee. De '
s t.t Information eoneeuen requiremenis-tative chemical compoettion. or for ossa soproval.
31.5 cenaan ensurtns. soustne or control.
Lors which contain, as a sealed source a producins lisht or an sontred atmos.
al.a oeneral ucense to iretan devices sen. g or sources, byproduct maternal consist. Lohere, g Ing of a total of not more than 600 ml.
erstar tscensed in I st.s.
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crocuries of polonium 310 per devlee.
noe in paragraph 31.1 1,uminous safett deview for use in air, a i
si.e Amertelum.sti in the tona et ealibra R - (b)-(c) (Reserv,d) lies only to by.
eratt.
(d) fon peneratine fabe. Devices de.
product material contained in devices -
signed for lonisation of air which con,tain, as a sealed source or sources, by; i
uen or reference sourees.
si.e oerwran ueense to own brproevet me-product material consisting of a total 3 tially transferred and labeled in inc.
l 8'"*3-of not more than 600 microcurles of
- cordance with the specifications ton-l e
31.10 General ueense for otrontlur so in polonium 310 per device or of a total $ tained in a speelfic lic i
fneIt calYr accordance with-the specif 6 cations or e rtat in ett drogen 3 (tritfum) per device, contained in a specific license tissued -
laboratory tesuno.
by an Agreement Slate which author. '
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4 Informadon - collection : regelse.
., Authority: Sece st. lat.1s3. as Siet. sas, -
g 31'ments; Oh8B sppreeel less distribution of the devices to per.
sons generaHy licensed by the Agree.
sea es4. es sawnded (42 U S C 2111. 2a01.
Ia) The Nuclear Regulatory Coramis-ment State, 2233) wce. 301. es enwnded. 202. as Stat.
1242. es amended.1244142 U.S C seet, as42).
slon has submitted the information
=
Section at e is eleo issued under sec. 274.
collection requircucata contained in
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who acquires, re-this part to the Offlee of Dianagement
- r3 Siet. ess(42 U.S C 30211 and Budget iOMB) ior approval as re.
or transf a by.
l 2: For the purposes of wc. 223. es Seet. see se enwnded (42 U.S.C 2273). ll 314(c)(tH3) quired by the Paperwork Reducuen product maternal in a device pursuant
- end (sHel. Jt.s(cf. 3110(bl. and 31.13(bk ICL Act of 1900 (44 U.S.C. 3801 et est.).
to the general license in paragraph (e)
- and (d) are issued under sec.1 stb. as Stat.
O OMB has approved the information of this section:
(
L sea as enwnded (42 U.S C tapitb)). and o collection requirementa contained in (1) ShsU assure that all labels af.
il his part under control number 3180-flued to the device at the time of re-ll 315(c)(4). (5) end ts). end 31.tttbi erat (e) t
(-
ere woued under sec. telo es Siet. eso, es s 0018.
ceipt and bearing a statement that re.
j enwnded (42 U.S.C taottoll.
n (b) The approved tnformation coHoc-moval of the label is prohibited are
" tion requirements contained in this maintained thereen and shall complF.
with all instructions and precautions part appear in il 31.8. 31.8 and 31.11. *I provided by such labels; 0 31.1 Purpose and scope.
(c) This part contains infortnation This part establishes generalIlcenses collection requirementa in addition to a. (3) Shallt assure that the device'is I for the possession and use af byprod.uct matettal contained in certain items number speelfled la paragraph (a) of I riel and proper operation of the on off '
those approved r.nder the control
- tested for leakage of radioactive mate.
s and a general license for ownership of this section. These information couec-mechanisen and indicator,if any, at no
- byproduct material. Part 30 of this tion requiremestts and the control longer than sia incenth intervals or at I chapter also contains provisions appil, numbero under which they are at such other intervals as are specified in,
cable to the subject matter of this proved are as follows:
the label; however:
proved under control number 3180-need not be tested for leakage of ra.
'8 0 31J forme and eendideen.
0034.
dionettve material, and f
(!!) Devices containing only tritium
' (a) The general lleenses provided in or not more than 100 microcurles of
=
g this part are subject to the provision of 66 30.14(d), 30.34(a) to (e), 30.41.
Other beta and/or gamma emitting 30.81 to 30.g3 and Parts 19,30, and 31
(
is hereby issued material or s
e6 S of this chapter
- unless indicated otha;; to tal firms and.
10 microcunes of siphe emitting metenal -
l Lerwise in the language of the general 2 research, educational and medical in*
and devices held in storage in the onlinal fi license.
'stltutions, individuals in the conduct shipping container pnot to initialinstalls-8 of their business, and Pederal State or tion need not be tested for any purpose; a local government agencies to acquire, 0 alJ Certain devlees and equipment.
" receive, possess, use or transfer, in ac-
- A general license is hereby lasued to cordance with the provisions of para-
{i transfer, receive, acquire, own, possessgraphs (b), (c) and (d) of this section, a and use byprod: Jct material lncorpo-byproduct material contained in de-e
- rated in the foHowing devices or equip-vices designed and manufactured for I ment which have been manufactured.
l tested and labeled by the manufactur.
' Persons posseestne br9teduet matertal in devices under the seneral license in 4 31.8
' Attention le directed eartneularit to the. before Jan.15. left, mar continue to pes-aess, use or transfer that tasterial la escord-ptoviolone of the regulations in Part 30 of
- this chapter which relate to the labeline of ance with the requirernents of $ 31.5 la eifeet on Jan.14. Isil.
containers.
31 8 November 30,19ss 4
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PART M e OENERAL DOMESTIC LICENSES FOR SYPRODUCT MATERIAL detection devues. provided each device I (d) This general hcenM does notg' the storage container, bears a label which contains not more than fifty microcuries
$ authonae the esport of luminous safety 5 includes the following statement or a of strontium 90 and each device hn been prod substantially similar statement which
[ devices containing intitum or manufactured or mitially transferred in a methium 147.
3 contains the information utled for in the accordance with the speufiutmns Inn (following statement: "
contained in a hcente nsued pursuant to The receipt, possessiun. use end Ironitet or ! $ 324l of this chapter or in accordani;e tha **u'S*. M ad'l -- -- --. he'$al Nu - - -.
dma 8" Sut9'd la 8 s'n'tel lic'n** *nd the tesvis S e W sEMme me (e) This general licenw does not authorce the ownenhip, NCeiPt, acquisi-sens nr the United States Nueleet Resvisioe, E specific license issued to the manufac-tson, possession or use of promethium
- Commension or or a siste with which the ; turer by an Agreement State whkh 147 contained in instrument dials, Commmion hos enimd into en aereement ra' authorizes manufacture of the ice detec.
f I 31.8 Americium 248 in the foem of h
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[' 8" L* ' * *"8 b U" ""'
tion devices for dtstribution to persons generally heensed by the Agreement I
cellbration or reference sources.
en M ATLRI AL. -
_ State.
l (a) A general license is hereby issued $ CA UTION - R ADIOAC11W THIS 500Rt'F CONT AINS AMF ftlCIUM.
to those persons hated below to own,"
N receive, acquire, possess, use and transfer, algfg g H SOUR 1 (b) Persons who own receive acquire.
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j in accordance with the provisions of possess, use, or transfer strontium uo paragraphs (b) and (c) of this section,
+
(Name nr manvraourse o' contained in ice detection devices pur-
! americium 241 in the form of calibration suant to the general hcense in paragraph or reference sources:
f (alof this section:
(1) Any person in a non Agreement State who holds a specific bcense issued (3) Shall not transfer, abandon, or (I) Shall, upon occurrence of visually g
I pursuant to this chapter which authorites dispose of such source except by transfer observable damage, such as a bend or him to receive, Possess, use and transfer to a person authonzed by a license crack or discoloration from overheating.
byproduct material, source material, or pursuant to this chapter or from an to the device discontinue use of the r
Agreement State to receive the source.
device until it has been inspected, tested I
special nuclear matenal; and (2) Any Government agency, as de-(4) Shall store such source, except for leakage and repaired by a person when the source is being used,in a closed holding a specific license pursuant to fined in i 30.4(g) of this chapter, which holds a specific license issued pursuant to' container adequately designed and con-Parts 30 and 32 of the chapter or from j
structed to contam amencium 241 which an Agreement State to manufacture or I
f this chapter which authottaes it to receive, possees, use and transfer by.
might otherwue escape dunns storage, service such devices; or shall dispose of I
product matenal, source matenal, or (5) Shall not use such source for any the device pursuant to the provisions of special nuclear matenal.
Purpose other than the calibration of I 20.301 of this chapter; radiation detectors or the standardization (2) Shall assure that alllabeh affixed (b) The general license in paragraph f ther sources.
- to the device at the time of receipt, ud -
l (a) of this section applies only to cahbra-
- (d) This general license does not which bear a statement which prohibits I
tion or reference sources which have been *g authorize the manufacture or import of removal of the labels, are maintained manufactured or initially transferred in ca n of N nence surcH contain thereon; e
accordance with the specifications 1
n al W dou not (3) Are exempt from the require-of this pu nt to i 32 f th ch pte in authonze the export of calibration or j ments of Parts 19,20, and 21 8
with the specifications nference sources containing americium 2 chapter except that such persons shall I'accordance
' contained in a specific license issued to 41.
y comply with the - provisions of the manufacturer by an Agreement State
$l 20.301, 20.402, and 20.403 of this which authorizes manufacture of the
$ 313 Gmral heense to own byproduct (a matenal.
chapter.
sources for distnbution to persons gener-A general license is hereby issued to (c) This general license does not ally licensed by the Agreement State.
own byproduct material without regard (c) The general license in paragraph to quantity. Notwithstanding any other g,'a"sem"bly, repair, or import of strontium.
,s (a) of this section is subject to. the provision of this chapter, a ~ peneral I"
"U "
provisions of Il 30.14(d), 30.34 (a) to licensee under this paratraph is not (e), and 30.51 to 30.63 of this chapter, authonzed to manufacturs, produce 5 3I'd 0*"I and to the provisions of Parts 19,20, and transfer, receive, possess, use, import or Product material for certain in vitro j21 of this chapter, in addition, persons export by product material, except as c
- who own, receive, acquire, possess, use authorized in a specific license.
I, gal A e
eW issued and. transfer one or more calibration or 5 31.10 General heense for strontium 90
- to any physician, seterinari
" reference sources pursuant to this general in ice detection devices, a cal laboratory of hospital to receive.
{ (al A general license is hereby issued ** acquire, possess, transfer, or use, for cense:
, any of the following stated tests. in ac-(1) Shall not possess at any one time, e cordance with the prosisions of para.
at any one location of storage or use, sin i m 90 med in b graphs (b), (c), td), let and tf t of this a more than 5 microcunes of americium.
section, the following byproduct mate.
- 241 in such sources; a in Omac a unas I
"5"ue es onetain swensed unge, ihis see
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(2) Shall not receive, possess, use or s
""" 8'"*" 8d""* I t I" s. mo ime, taties.
l transfer such source unless the source,or Authnrlied be Pee resuldheins in erresi no 14au.n i. m s.
i Nom W 4 me 33
e i
a i)'!?
PART 31 e OENERAL DOMESTIC LICENSES FOR SYPRODUCT MATERIAL 3I.II(el
?
~
(e) The registrant posussing or usms byproduct matenals under the general hcense of paragraph (a) of this arction shall report in writing to the Director of Nuclear Matenal Safety and Safeguards g any changes in the information furnished g by him in the " Registration Certificate-In Vitro Testing With Byproduct Matenal Under General I 6 cense," Form NRC 483 The report shall be furnished within 30 days after the effective date of such
_ change,
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(f) Any person using byproduct ma-tenal pursuant to the general license of paragraph (a) of this section is exempt from the requirements of Parts 19, 20, and 21 of this chapter with respect to byproduct matenals covered by that 9
! general license, except that such persons
[ using the Mock lodme 12$ desenbed in
- paragraph (a) (7) of this section shall
- comply with the provisions of il 20.301, 20.402, and 20.403 of this chapter.
l a1.13 assentenense et reaeres t
Earn recoro recuired by this part must i
be sec:bie thrournout tne retentior penuo spec:hed nv turh C.orr'missior i
reFulatior.. Tne recora rr.at tic tru ongmai or a reprocuceo copy or a microform provided that tne copy or microform is authenticated to l
o authonaed personnel and tha't the j microform is capable of producmp a
- clear copy tnroushnut tne requitec i
! reteniton penod Tne recoro may also be stored in eiectronic media mtn tnt a
capability f or produemp legibis accurate ano complete records dur;ng tne required retention penod Records such as letters. drawmpo. apecifications.
i must include all pertinent information such as letters. stamps. initials, and symatures.The hcenace shali maintain adequate safeguards against tempenny i
.mth and loss of records.
$ 31.100 [ Deleted 36 FR 16898.]
I l
November 30, itse 31 5 t
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